Showing posts with label case. Show all posts
Showing posts with label case. Show all posts

Friday, 20 June 2014

Murder case sought against PM, CM, others

LAHORE: The Minhaj-ul-Quran International (MQI) leadership lodged a formal application with the Faisal Town police on Thursday to register a murder case against the top leadership of the ruling PML-N for killing 10 workers and wounding nearly 100 by the police on Tuesday.

MQI Director Admin Jawad Hamid on Thursday went to the Faisal Town Police Station along with political allies to file an application for registering the murder case. PML-Q Information Secretary Senator Kamil Ali Agha, a former judge of Lahore High Court Dr Khalid Ranjha, Sunni Ittehad Council (SIC) president Sahibzada Hamid Raza and other leaders also accompanied him.

Those who were nominated in the application included Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif, Hamza Shahbaz Sharif, federal ministers Khawaja Asif, Chaudhry Nisar Ali, Pervaiz Rasheed, Khawaja Saad Rafiq and Abid Sher Ali along with Punjab Minister Rana Sanaullah, DIG Operations Rana Abdul Jabbar, SP Tariq Aziz, former CCPO Shafiq Gujjar, Faisal Town SHO, Gullu Butt and others. However, no case was registered till the filing of this report.

Senator Agha told the media that Naib Moharrir Ansar Amin had issued a receipt 657/5B/FB against the application but the case was not registered despite waiting for over one hour because the SHO left the police station with the plea that he would return within 10 minutes. But he did not appear again even after over an hour while the staff could not explain his schedule.

Agha said the MQI had fulfilled their legal right and now it was the legal responsibility of the police to register the case and start an investigation. He feared that the police would not register the cases against the rulers.He said the chief minister had announced supporting those who would follow the legal procedure, adding that it was the CM’s turn now to move on the application according to the law.

He warned the government that if it did not act on the application according to the Constitution and the law, then they would be compelled to take direct action whose responsibility would rest with the rulers.

Sunday, 15 June 2014

Musharraf’s trial a test case between civilian, military supremacy

ISLAMABAD: Pakistan is presently going through a cold war between its civilians and the military as General (retd) Musharraf’s high treason trial has become a test case on whether the country is heading towards civilian supremacy and the rule of law.

“It’s a transition from military supremacy to civilian rule and rule of law,” a top PML-N leader told The News on condition of not being named.

He added that if the government gives a safe exit to Musharraf then how could you justify trying thousands of others, including former President Asif Ali Zardari, ex-Prime Ministers Yusuf Raza Gilani, Raja Pervez Ashraf and Amin Faheem.

Key PML-N leaders agree that Musharraf’s treason trial has become the main irritant between the civilian and military leadership.

Despite top PML-N leaders, including Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif and Interior Minister Ch Nisar Ali Khan, having confidence and trust in General Raheel Sharif, rarely does anyone in the party deny tensions in the civilian-military relationship.

It is said that some influential pro-Musharraf elements are putting pressure on General Raheel to get Musharraf off the hook at any cost.

The PML-N, which has always been demanding Musharraf’s trial under Article 6 for twice abrogating the Constitution, today stands divided on the issue.

Amongst the senior PML-N leaders, many are now in favour of letting Musharraf go abroad to save the system. A small minority, however, insists that letting Musharraf off the hook means seriously compromising the transition to civilian supremacy and badly denting the struggle for rule of law and constitutionalism.

Informed sources said that Prime Minister Nawaz Sharif wants to leave Musharraf’s fate to the legal course and believes that any concession by the executive of the former dictator would mean compromising the rule of law.

The sources said that for the same reason, the prime minister decided to challenge in the SC the SHC decision of removing Musharraf’s name from the ECL in 15 days.

Punjab Chief Minister Shahbaz Sharif and Interior Minister Chaudhry Nisar Ali Khan are said be the leading voices in the PML-N demanding leniency in Musharraf’s high treason trial.

These voices fear that Musharraf’s case may lead to the cropping up of serious misunderstandings between the civilian and military leadership which may endanger the future of democracy as was pointed out by Mahmood Khan Achakzai in the National Assembly.

Many politicians and media observers believe that certain pro-Musharraf elements are allegedly behind the recent but sudden emergence of the anti-government, anti-system alliance of the PML-Q and PAT and the possible joining in of Sheikh Rashid to exert pressure on the PML-N government.

As highlighted by editorials in leading newspapers, a campaign has been launched recently to suggest that the PML-N government has failed to deliver and unless removed Pakistan will collapse. These editorials term this view as “nonsense” and rightly point out what they call the “so-called sins” of the NS government which prominently include Musharraf’s trial.

It is suggested by the PML-Q-PAT, Shaikh Rashid and others, including some in the media, the last one-year rule of Nawaz Sharif has been the worst in the history of Pakistan. They argue that the government must be removed and the system be overhauled to save the country from collapse.

The last one-year rule of the federal and provincial governments may not be up to the mark, but it is generally believed and even authenticated by the international agencies that Pakistan has improved as against what it was under the previous regime. Transparency International reported less corruption in Pakistan and there have been no mega scandals of corruption during the last one year. The World Bank, IMF and other international institutions see an improvement in Pakistan’s economy.

Accountability and governance have been the weak areas of the government but still, they have not been as bad as was the situation during the previous regime.

With the recent emergence of the thoroughly known trio—the Chaudhrys of Gujrat, Allama Tahirul Qadri from Canada and Sheikh Rashid of Lal Haveli—warnings are being issued by the likes of Raza Rabbani, Mahmood Khan Achakzai, I A Rehman and others that if the present system is derailed it would be a serious blow not merely to the system but to the Federation and its unity.

Friday, 13 June 2014

Govt will go to SC in Musharraf ECL case















ISLAMABAD: The federal government would go into appeal in the Supreme Court against the SHC’s decision in order to prevent the former dictator General (retd) Pervez Musharraf from going abroad during his trial under the most serious charge of high treason.

Sources told The News that the decision to this respect was already taken recently by the government when it was discussed that the SHC might allow Musharraf to go abroad.In a high level meeting of top ruling party leaders, it was decided that the governmentdecided that the government would challenge the decision if the SHC directed to remove Musharraf’s name from the ECL.

It is known to all now that the military establishment wants Musharraf’s safe exit from Pakistan but the government believes that any such concession offered to the former dictator would serve as a serious jolt to rule of law in Pakistan.

The government believes that not only the Supreme Court direction is a major hurdle in letting Musharraf go out of Pakistan, such a concession if offered to Musharraf would be in violation of the fundamental rights besides being against public interest.

The Sindh High Court (SHC) on Thursday ordered the removal of former military ruler Pervez Musharraf´s name from the Exit Control List (ECL), however the court has suspended the operation of its order for 15 days. During this 15-day period, the government may appeal before the Supreme Court against the order. If the government does not appeal in the stipulated time, Musharraf will be free to travel abroad.

In its recent advice to the government, the law ministry besides referring to the 2013 SC direction of putting Musharraf’s name on the ECL referred to certain other factors impeding Musharraf’s leaving Pakistan.

It was said that Gen (R) Musharraf is facing multiple charges in various courts of different federating units. In any case, whether he is on bail or otherwise, it remains a legal obligation of federal government to ensure his appearance and production before the concerned courts in order to fulfill the mandate of Articles 9, 10 and 10A of the Constitution. His absence from Pakistan may gravely prejudice the rights of private complainants who have reposed their confidence in the judicial system of Pakistan, the law ministry advice said.

It added that Musharraf is also begin tried for the offence of high treason under Article 6 of the Constitution before the Special Court where in the course of 36 hearings his attendance could be ensured only twice for one reason or the other. “Prima facie it appears that the accused may be avoiding trial. In the interest of justice and to fulfill a constitutional obligation to take the trial to its logical conclusion and to ensure substantial compliance of Articles 9, 10 and 10A of the Constitution it is imperative that he remains present in the country. His absence from Pakistan will cause grave and serious prejudice to the ends of justice by impeding the trials,” the ministry said.

The law ministry was also of the view that sending him abroad will amount to creating an exception which will impinge upon the fundamental right of equal treatment guaranteed by Article 25 to all other persons facing trials and would be against public interest.

Thursday, 12 June 2014

Court summons Musharraf on July 1 in Ghazi murder case




ISLAMABAD: A local court in Islamabad resumed hearing the murder case of former prayer leader of Lal Masjid, Abdul Rasheed Ghazi and rejected the exemption plea filed by the accused General (retd) Pervez Musharraf from today’s hearing and summoned him on July 1, Geo News reported on Thursday.

The court had summoned former president and accused in the case in today’s hearing and had granted exemption in the last hearing. However, Musharraf did not appear in today’s hearing as well, instead two of his guarantors appeared before the court.

The court dismissed Musharraf’s exemption plea for today and summoned him on July 1.

The counsel of Musharraf, Major (retd) Akhtar Shah apprised the court that doctors treating his client have strictly forbidden him from traveling, however, if adequate security arrangements are made, he will reach the court by availing the next flight to Islamabad.

The counsel also presented Musharraf’s medical report in the court on which the prosecutor and applicant’s lawyer raised objections.

While raising objections, the applicant’s lawyer Abdul Haq Malik termed the report as a mere piece of paper and said that the report didn’t include the details of Musharraf’s hospital and the medicines he was using.

The court, later, rejected the exemption plea filed by Musharraf’s lawyer and ordered him to appear in the court by any means.

Earlier, Judge Wajid Ali had already rejected Musharraf’s petition seeking permanent exemption in the Ghazi murder case during the last hearing.

Saturday, 7 June 2014

Farzana murder case: Police arrest two more accused





LAHORE: Two more accused in the murder case of Farzana were arrested by the police here on Saturday.

Six people were nominated along with 22 unknown suspects in the murder case. The ill-fated girl was stoned to death by her family members on May 27 outside the Lahore High Court.

On May 30, Chief Justice of Pakistan had taken suo motu notice of the brutal murder, seeking report from the Inspector General Police.
Prime Minister Nawaz Sharif had also directed Punjab Chief Minister Shahbaz Sharif to bring the culprits to book.

Thursday, 5 June 2014

Anti-judiciary programme case to be decided as per law: SC

ISLAMABAD: The Supreme Court on Wednesday ruled for deciding the case regarding anti-judiciary programme aired by ARY TV in accordance with law instead of getting emotional.

A three-member bench of the apex court headed by Justice Ejaz Afzal Khan and comprising Justice Ijaz Ahmed Chaudhry and Justice Mushir Alam, resumed hearing into Civil Miscellaneous Application (CMA)- 3096/2014 in CMA-2774/2014 in Constitutional petition. No 51 of 2010, filed by Independent Media Corporation on behalf of Geo TV.

The court directed its office to provide transcripts of the programme aired by ARY TV on May 21, 2014 against the judiciary by next Tuesday and adjourned the hearing.During the course of the hearing Taufeeq Asif advocate drew the attention of the court towards the banners and posters, displayed in Rawalpindi against the judiciary. He informed the court that a conspiracy is being hatched to defame the judiciary saying that he had already filed a petition and requested for taking up the matter at the earliest.

He informed the court a banner was displayed in the Katchery, Rawalpindi, against Justice Jawad S Khawaja and his family. Taufeeq Asif claimed that the lawyer’s community has made sacrifices for the independence of judiciary however some elements were bent upon defaming the judiciary.

Justice Ejaz Afzal Khan however told the lawyer that when the petition came before them, they will hear it but at present the court is hearing another issue.Sheikh Ahsanuddin advocate, another lawyer also came hard on the programme, aired by ARY Television against the judiciary saying that Mubashir Luqman, the anchor of ARY TV has crossed all the limits while criticising the judiciary.

He further said that it is on record that Mubashir Luqman was caught red handed while conducting a live programme wherein he was taking dictation for posing questions. He also requested the court to take up the petition in which he had filed a CMA, praying to become a party.

Justice Ejaz Afzal Khan however, also asked the lawyer that let his petition come before them and listed, they will hear it.

Justice Ijaz Ahmed Chaudhry, another member of the bench observed that they will decide the case in accordance with law instead of getting emotional. He further said that the lawyer’s community has made valuable sacrifices for the independence of judiciary and they lauded the role of the legal fraternity.

“But we will decide the case in accordance with law as it is their responsibility to decide in accordance with law”, Justice Ejaz Ahmed Chaudhry remarked adding that they will not get emotional even if it relates to their fellow judge but would decide the matter in accordance with law.

He further said that this bench has been constituted for a limited time to hear the matter. Meanwhile, the court directed its office to separate the clips of the programme which were referred to them and provide them by next Tuesday.

Earlier, On June 2, 2014, the court had summoned CDs of the programme, aired by ARY TV against the judiciary on May 21, 2014 and had directed its office to arrange multimedia so that it may be benefited to watch the clips of programme, aired by ARY TV.

On Wednesday, the court watched some clips of ARY programme in the courtroom and thereafter directed its office to separate those clips of the programme which had been referred to the bench by the Chief Justice of Pakistan.

It is pertinent to mention here that Chief Justice of Pakistan (CJP) Justice Tassaduq Hissain Jillani on May 31, 2014 constituted a three-member special bench in pursuance of the order of a two-member Bench headed by Justice Jawwad S. Khawaja and comprising Justice Gulzar Ahmed, dated May 26, 2014 wherein the Bench had directed Registrar, Supreme Court that order dated May 22, 2014 and May 26, 2014 be brought to the notice of the CJP for further appropriate orders.The CJP had also sent to the bench, Para 4 order of the apex court of May 22, 2014 with a transcript having two clips of the ARY programme.

Friday, 30 May 2014

Lahore: Four arrested in 'honour killing' case



LAHORE: Police investigating the murder of a pregnant woman bludgeoned to death outside a court have arrested four men including her uncle and two cousins, a senior officer said Friday.

Farzana Parveen was killed on Tuesday outside the Lahore High Court by more than two dozen attackers armed with bricks, including numerous relatives, for marrying against her family´s wishes.

The brazen, brutal nature of the killing, in broad daylight in the centre of Pakistan´s second largest city, has triggered outrage around the world.

Police were apparently at the scene, but did not intervene.

Prime Minister Nawaz Sharif on Thursday told Punjab Chief Minister Shahbaz Sharif, who is his brother, to take immediate action on the case.

"Special investigation teams set up by police on the directive of the chief minister arrested four more people including an uncle and two cousins of the slain woman and a driver on Thursday night," senior police official Zulfiqar Hameed told on Friday.

The new arrests bring the number held over the killing to five, after Parveen´s father was detained at the scene of the attack.

Shahbaz Sharif has ordered police to round up all those involved within 24 hours.

He has also directed that the case should be heard in an anti-terrorism court. This should mean it moves more quickly than in a regular court.

Pakistan´s regular courts are notoriously slow, with many cases dragging on for years with little progress.

The country´s Supreme Court took suo moto and demanded a police report on the incident within 48 hours.

The United States branded Parveen´s killing as "heinous", with a State Department spokeswoman denouncing "violence that occurs in the name of tradition and honour, such as so-called honour killings".

In a macabre twist to the case, on Thursday Parveen´s husband Mohammad Iqbal admitted to that he had strangled his first wife -- but was spared prison because he was forgiven for the act by his son

"I was in love with Farzana and killed my first wife because of this love," Iqbal said.

When she was killed, Parveen was arriving at court to testify in Iqbal´s defence after he was accused by her relatives of kidnapping her and forcing her into marriage.

Wednesday, 28 May 2014

Geo moves Pemra to hear its case on merit


 













ISLAMABAD: Geo television has moved Pemra, holding that before proceeding on the complaint of the Ministry of Defence the authority should take the opinion of the Council of Complaints (CoC) under the Pemra law and that Geo should be heard on the merits of the points raised in the complaint under Section 30(3) of the Pemra Ordinance.

The application filed by the Independent Media Corporation (IMC) also made a reference to the Supreme Court’s January 15, 2013 judgment passed by the apex court in the Hamid Mir vs Federation case mentioning that the authority becomes incompetent to pass content regulations in the absence of a chairman and as presently there is no chairman, the authority is not complete and thus cannot proceed in this matter.

The Geo application also pleaded that three members of the authority, namely Israr Abbasi, Mian Shams and Fareeha Iftikhar, have shown their mind and have repeatedly announced to revoke the Geo channel’s licences so they could not sit in the authority as judges on a complaint against Geo. The Geo application also pleads that on May 6, 2014, the lawyer of Geo, Muhammad Akram Sheikh, only submitted some legal objections and is yet to present his submissions on the merits of the complaint filed by the Ministry of Defence, and Geo should be given this right under Section 30(3) of the Pemra law.

The relevant parts of the application moved by Geo on April 27, 2014 read: “1. Your kind attention is drawn to the order of the Hon’ble Supreme Court of Pakistan dated 15th January 2013 passed by Mr. Justice(reported at PLD 2013 SC 244), wherein the Pakistan Electronic Media Regulatory Authority (“Pemra” hereafter) was held to be incompetent to pass content regulations in the absence of its Chairman. Relevant portions of the judgement are reproduced below: “5. We have earlier recorded that at least since 13-5-2011, Pemra has no Chairman. In our order dated 20-12-2012, we have also noted the serious procedural challenge raised by the petitioners, who contend that when the Content Regulations were in the process of being made or when the same were adopted and notified, Pemra did not have a Chairman and was thus not lawfully in existence. Mr. Kazmi [counsel for Respondent No. 2] contended that Dr. Abdul Jabbar was notified and was acting as Chairman of Pemra. This contention is not correct …”

“6. Based on the above, we are quite clear that the Content Regulations which were notified on 25-9-2012 cannot be construed as regulations issued by Pemra …”

“7. Mr. Kazmi then contended that even if Dr. Abdul Jabbar was not a validly appointed Chairman, the de facto doctrine, incorporated in section 3(4) of Pemra Ordinance, would save all his acts; and the Content Regulations too should therefore be deemed to have been saved. This contention is without merit. The statute cannot be read in a way which makes its most important and potent parts such as the provisions about the very composition of Pemra redundant. Such an interpretation of the de facto doctrine verges on utter disregard for the rule of law which is the foundation of our constitutional order. …”

2. Therefore Pemra, as per the above clear ruling of Honourable Supreme Court of Pakistan, in the absence of a Chairman, is not validly constituted to execute and perform functions of the Authority as contemplated by Sections 4 and 6 of the Pemra Ordinance 2002.

3. That notwithstanding the above cited view of the Hon’ble Supreme Court and without prejudice to the legal objections taken by Independent Media Corporation (Pvt.) Ltd. (the answering respondent) in reply to the Show Cause Notice dated 23.04.2014, it is further submitted as under: A. Proviso to Section 30(1)(b) of Pemra Ordinance requires that: ‘Provided that in case of revocation of a licence of a broadcast media, an opinion to this effect shall also be obtained from the Council of Complaints.’

As Authority has not yet obtained an opinion from the Council of Complaints, it is not allowed by the statute to proceed to revoke the respondent’s licence.

B. In addition to above, Section 30(3) of Pemra Ordinance provides: ’Except for reason of necessity in public interest, a licence shall not be … revoked unless the licencee has been given reasonable notice to show cause and a personal hearing.”

It may be noted that Pemra has not yet heard the answering respondent on merits of the complaint. During the hearing dated 06.05.2014, Muhammad Akram Sheikh, senior advocate Supreme Court, raised several preliminary legal objections, including the contention that in the absence of the chairman, Pemra was not lawfully authorised or empowered to hear the instant complaint. Having considered those preliminary objections, Pemra sought the opinion of the Ministry of Law on the legal objections raised. Akram Sheikh did not submit response on merit of the complaint.

C. Now that the authority has received the legal opinion from the Ministry of Law, it must comply with Section 30(3) to afford the answering respondent the opportunity to submit its reply to the complaint on merit. It is thus that the Authority is requested to give the answering respondent reasonable time for right of hearing, without which any decision taken by the Authority will be legally flawed and an abuse of power.

D. Lastly, in the interest of justice and fair play, we wish to place on record the undisputed fact that the following three members of the Authority, namely Israr Abbasi, Mian Shams and Fariha Iftikhar, have disqualified themselves from sitting as a judge and to adjudicate on the issue in question because they have repeatedly, through press conferences and also through various live interviews on different rival TV channels, vowed that they would revoke Geo News licence. All these three members are not only biased but hostile, they have each prejudged the matter even before the meeting of the Authority and hence they are not entitled to participate in the discussion, cast their votes and thus decide this matter.

Any decision taken against the answering respondents that is based on the votes casted by these three biased and hostile members shall not be sustainable under law. As a result of their hostile interviews and expression of their hatred and anger against answering respondent, the said members have rendered themselves incapacitated from taking any part in relation to the complaint as they have prejudged the fate of the complaint.

It is the duty of the Authority to exclude these members from the proceedings to ensure that the right of the answering respondents to a fair trial as guaranteed under Article 10A of the Constitution.

E. Therefore, the ex-officio and other members of Pemra are kindly requested to restrain Pemra from initiating any actions without referring the complaint to the Council of Complaints where the answering respondent is yet to make submissions on merits.

Sunday, 25 May 2014

New polio case detected in FR Bannu



BANNU: A new polio case has been detected from Frontier Region (FR) Bannu, increasing the total number of such cases to 68 in the country, Geo news reported.

According to Polio Monitoring Cell, the case was detected in a seven-month-old minor girl in Jani Khel, area of Bannu. It said the affected child was not administered polio drops not even once.

The cell further said a total of 53 cases of polio had been reported in Federally Administered Tribal Areas (FATA), while the number of cases reported from Khyber Pakhtunkhwa and Sindh are 9 and 5 respectively.

Friday, 23 May 2014

Judges detention case: Court orders Musharraf to appear on June 13



ISLAMABAD: While granting exemption from today’s hearing, an anti-terrorism court (ATC) in Islamabad has summoned former president Pervez Musharraf on June 13 in the judges detention case, Geo News reported on Friday.

ATC Judge Atiqur Rehman had summoned Musharraf in today’s hearing, however, his lawyer furnished an application with the judge seeking an exemption for his client from today’s court appearance that was accepted by the judge. However, the judge ordered him to appear on June 13.

Musharraf’s lawyer has also filed an application for permanent exemption for his client. The defense counsel was of the view that the court had granted exemption after the indictment.

On the other hand, the prosecutor has requested for more time to provide the relevant documents to Musharraf’s defense lawyers in treason case. The court accepted the request and granted time till June 3 and adjourned the hearing.

The lawyers of the former president had sought the list of witnesses and complete record of Federal Investigation Agency’s (FIA) inquiry in the treason case.

It may be mentioned here that the court had warned of action against the guarantors of Pervez Musharraf if he failed to appear before the court today.

Tuesday, 29 April 2014

Commission starts in-camera proceedings in Hamid Mir case


 
KARACHI: The three-member judicial commission, constituted by the Supreme Court to investigate the murder attempt on Geo News senior anchor Hamid Mir, on Monday initiated in-camera proceedings at the Karachi Registry of the apex court.
Headed by Justice Anwar Zaheer Jamali, the commission, which has to ascertain the facts, identify culprits and fix responsibility for the incident, was briefed by senior government, police and Rangers officials.

The home secretary, IG Sindh, Additional IG Karachi, DG Rangers Sindh, Joint Director Intelligence Bureau, DIG East, DIG Special Branch, SSP Traffic and other police officers appeared before the commission along with the relevant record and submitted their confidential reports on the incident. Statements will be recorded from today (Tuesday).

The IGP Sindh, Iqbal Mehmood, briefed the commission about the incident.It is pertinent to mention that following the attack on Hamid Mir, Prime Minister Nawaz Sharif had requested the Chief Justice of Pakistan to constitute a judicial commission to probe the incident.

The other members of commission are Justice Ejaz Afzal Khan and Justice Iqbal Hameedur Rehman. The commission shall also make recommendations to avoid such incidents in future.

Monday, 28 April 2014

Treason case: Court reserves verdict on FIA report plea until May 8




ISLAMABAD: The Special Court, hearing high treason case against former President Gen (retd) Pervez Musharraf, reserved its verdict over the Defence Counsel's demand for provision of inquiry report of Federal Investigation Agency (FIA) until May 8, Geo News reported.

The Special Court headed by Justice Faisal Arab comprising Justice Tahira Safdar and Justice Yawar Ali resumed hearing of the case.

During the course of proceedings, counsel for Pervez Musharraf, Barrister Farogh Nasim withdrew the two petitions relating to section 6-A of the Special Court Act-1976. He submitted that section 6-A of Special Court Act-1976 has expired and his petitions in this regard may kindly be returned and added he would be presenting his reservations verbally.

At his moment, prosecutor Akram Sheikh on objection said that the defence counsel on the one hand was taking back the petitions and on the other continuing his arguments.

Barrister Farogh Nasim prayed to the court not to further proceed in the case until the ruling on the handing over to him a copy of the FIA report announced. He said he would finalize his future strategy in the light of the court’s decision and hastily added that it should not be perceived that the trial proceeding being delayed because of him. The court fixing the date for the announcement of ruling over FIA report plea adjourn the hearing, he submitted.

Later, the court approved the withdrawal of petitions that stated the law under which the accused indicted was superseded by 1981 Ordinance.

The court adjourned further hearing of the case until May 8.

Sunday, 27 April 2014

Egypt reports first case of MERS virus




CAIRO: Egyptian authorities have detected the first case of a dangerous SARS-like virus in the country, the state news agency said Saturday.

MENA said a 27-year-old civil engineer was diagnosed Saturday morning after returning from Saudi Arabia, where the Middle East respiratory syndrome, or MERS, has been centered.

It said the man was quarantined upon his arrival at Cairo airport Friday and transported to a nearby hospital.

MERS belongs to a family of viruses known as coronaviruses that include both the common cold and SARS, or severe acute respiratory syndrome, which killed some 800 people in a global outbreak in 2003.

MERS can cause symptoms such as fever, breathing problems, pneumonia and kidney failure.

There is no vaccine or treatment for the MERS virus, and it is still unclear how it is transmitted. It also has been detected in Asia and Europe.

Saudi Arabia´s Health Ministry said late Friday that five more people in the kingdom have died from MERS.

The ministry says 92 people have died and 313 have contracted the virus in Saudi since September 2012.

King Abdullah fired his health minister Monday as officials struggle to alleviate public concerns amid a spike in infections.

On Saturday, the new health minister, Adel Faqih, announced that the country was reserving three medical centers in several cities for treating MERS cases exclusively, as part of a nation-wide plan for containing the disease´s spread.

In a statement on the ministry´s website, Faqih said the centers would be equipped with the latest medical technologies for diagnosing and treating the virus. He also said he plans to invite experts from Germany, Britain, France and the United States to study the outbreak. (AP)

Friday, 25 April 2014

Treason case: Court reserves order on providing FIA report to accused




ISLAMABAD: The Special Court on Friday resumed hearing the petitions seeking treason case against former president General (Retd) Pervez Musharraf and reserved the order on providing the investigative report of the Federal Investigation Agency (FIA) to the accused, Geo News reported.

The three-judge bench headed by Justice Faisal Arab and comprising Justice Syeda Tahira Safdar and Justice Yawar Ali Khan heard the case today.

During today’s hearing, lawyer of former president Farogh Nasim argued that there is an official secret act in the country. Tariq Hassan said that he is not claiming that the investigative report is secret under the official secret act.

Justice Faisal Arab remarked that had it been a secret, the report would not have broadcasted on the media.

Barrister Farogh Nasim said demanded that not only the FIA report should be handed over to him, but all the relevant documents should also be provided.

He, then, challenged the complete process of the proceedings under Article 6 and questioned that how the inquiry was initiated, who ordered the inquiry and what were the findings of the investigation.

The court, later, saved the order on providing the FIA report to the accused and adjourned the hearing till April 28.

On Thursday, Barrister Farogh Nasim had requested the court to order government to provide him with the FIA report. He had told the court that he will submit his reply on prosecutor Akram Sheikh’s arguments and requested the court to use its authority and order the government to provide him the investigative report submitted by the FIA.

Prosecutor Akram Sheikh, however, denied to hand over the investigative report to the accused party.

Barrister Farogh Nasim argued that the Special Court Act is not comprehensive and that is why the Supreme Court had ordered for criminal proceedings in the case.

On March 31, Musharraf was formally charged for subverting the Constitution by imposing emergency on November 3, 2007. Musharraf had rejected all the charges levelled against him.

Wednesday, 16 April 2014

Treason case: Prosecutor Akram Sheikh submits reply



ISLAMABAD: The three-member Special Court headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar resumed the hearing into the Federation’s complaint for initiating the treason case against Musharraf on Wednesday, Geo News reported.

As the proceedings initiated today, Prosecutor Akram Sheikh submitted his written reply in the court, stating that documentary evidence was only found against former military ruler Musharraf for abrogating the Constitution and declaring the state of emergency in the country on Nov 3, 2007.

Former military dictator Pervez Musharraf’s counsel Barrister Farogh Naseem, on Tuesday, requested the court to also try the associates of his client for assisting him in declaring the state of emergency on November 3, 2007.

Justice Faisal Arab told the defence counsel that the court could not open all the cases of abrogation of the Constitution since 1956, as its mandate was limited to hearing the instant case.

The remarks came when Musharraf’s defence counsel Dr. Farogh Naseem argued that in terms of international jurisprudence, there could be no selective prosecution of Musharraf and quoted Article 12(2) of the Constitution requiring a trial under Article 6 with effect from 23.3.1956.

Dr Naseem said the reference had been made in passing for the purposes of the main case and for the time being for the purpose of arguments on the application seeking the disclosure of FIA report Article 12(2) was not relevant and therefore this question should be kept open.

He also requested the court to take up application (No. 12 of 2014) in which a request had been made for the disclosure and supply of copies of inquiries/investigation report of the FIA, which was the foundational basis of the complaint itself.

He said vide order dated March 7, 2014 the court had clearly held that as and when evidence on material was brought on record that the accused was aided, abetted and collaborated by others, it would decide the issue in that regard.

He said in order to bring such evidence on record, the first step was to require the prosecution to file the FIA report, which clearly contained a dissenting note by one Hussain Asghar that Musharraf alone should not be tried and that his aides and abettors should also be made co-accused.

Prosecutor Akram Sheikh however submitted that the law does not require him to disclose the FIA’s report and therefore he would not disclose the same to the accused unless otherwise directed by the court.

He submitted that the court gave its verdict on March 7 on the trial of others involved in Nov 3 decision according to which if evidences were found against anyone in the records then the court would consider it.

He contended that under Section 5 of the Special Court Act, the federal government was obligated to provide only three documents which included details of the crime, complaint and list of witnesses.

He further said that as the special court was not a high court, it could not apply Section 561 of the military law to this case.

Akram Sheikh contended that the government was not obligated to present the joint investigation report (JIT) and the officer who gave the dissenting note was also a witness.


Akram Sheikh submitted that he would submit his reply overnight in the application and the learned defense counsel could cross-examine him then. Sheikh said that he will continue his arguments today (Wednesday).

Meanwhile, the Special Court ruled that the decision on appointment of prosecutor in the instant case challenged by the defense counsel would be announced on April 18. Dr. Farogh Naseem pointed out that orders on an application pertaining to the disqualification of Akram Shaikh as prosecutor had been reserved for March 26, 2014 and the court observe Shaukat Aziz that before the evidence was to be recorded the application in respect of the prosecutor would be decided.

Justice Faisal Arab however observed that orders on the matter of appointment of prosecutor would be announced on Friday, April 18.

Senator Gulzar tax evasion case being pursued, says FBR

 
ISLAMABAD: Federal Board of Revenue says it will expedite investigations into the alleged tax evasion and concealment of assets by a political dynasty of senators and acknowledged that the case has not yet been concluded.
Reacting on a report published in The News on Tuesday about Senator Gulzar and his family that hid their businesses abroad from tax authorities, a senior FBR official told The News that operation wing had directed the regional offices to expedite the investigation bringing the case to a logical conclusion at the earliest.

However, it remains to be seen when the official claims in this respect are translated into reality as FBR has traditionally been soft on the big fish involved in tax evasion.The official said majority of the family members neither filed tax returns nor submitted wealth statements in the years under examination and they have been served with show cause notices.

A legal battle in UK over the possession of super-expensive mansion worth Rs14 billion has brought under scrutiny the alleged tax evasion and concealment of assets in Pakistan and abroad by a family of senators.

Senator Gulzar Ahmed, his sons (privatization minister in PPP government) Senator Waqar Ahmed and now-former Senator Ammar Ahmed Khan are at the center stage of this controversy.

This case has become a test case for the government that has voted for the National Assembly resolution moved by PTI MNA Asad Umar demanding investigation into the tax evasion of all the parliamentarians.

While the family has persistently been declaring losses in businesses to avoid taxes in Pakistan, its statement deposited to the London’s high court in litigation against Deutsche Bank offers contrasting confession.

The court documents spills the beans about properties and businesses in and outside Pakistan neither claimed in tax returns submitted to Federal Board of Revenue nor in asset details submitted to Election Commission of Pakistan.

This is a typical story of a rich family using political clout to thrive in business without returning any penny in taxes to the public exchequer.While the declaration of previously concealed assets and only in the UK’s court could not win legal battle to the family there; however, it earned the family unpleasant attention in Pakistan that has now been spotted on the radar screen of the FBR’s wing hunting down tax evaders.

Intelligence and Investigation Directorate (Inland Revenue) of FBR after diligently examining the UK court’s record unearthed massive tax fraud and details forwarded for thorough scrutiny to the regional tax office in Lahore.

Senator Gulzar, his wife Razia Sultan, his daughter Sehr Ashar, Senator Waqar and Ammar Ahmed were recommended for thorough probe.The investigation was ordered in November last year without any progress so far that raises apprehensions about the likely ‘shut and close case’ in the name of ‘political reconciliation.’

Tuesday, 15 April 2014

Treason case: Prosecutor Akram Sheikh submits reply




ISLAMABAD: The three-member Special Court headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar resumed the hearing into the Federation’s complaint for initiating the treason case against Musharraf on Wednesday, Geo News reported.

As the proceedings initiated today, Prosecutor Akram Sheikh submitted his written reply in the court, stating that proofs were found against the former dictator Musharraf only for abrogating the Constitution and declaring the state of emergency in the country on Nov 3, 2007.

Former military dictator Pervez Musharraf’s counsel Barrister Farogh Naseem, on Tuesday, requested the court to also try the associates of his client for assisting him in declaring the state of emergency on November 3, 2007.

Justice Faisal Arab told the defence counsel that the court could not open all the cases of abrogation of the Constitution since 1956, as its mandate was limited to hearing the instant case.

The remarks came when Musharraf’s defence counsel Dr. Farogh Naseem argued that in terms of international jurisprudence, there could be no selective prosecution of Musharraf and quoted Article 12(2) of the Constitution requiring a trial under Article 6 with effect from 23.3.1956.

Dr Naseem said the reference had been made in passing for the purposes of the main case and for the time being for the purpose of arguments on the application seeking the disclosure of FIA report Article 12(2) was not relevant and therefore this question should be kept open.

He also requested the court to take up application (No. 12 of 2014) in which a request had been made for the disclosure and supply of copies of inquiries/investigation report of the FIA, which was the foundational basis of the complaint itself.

He said vide order dated March 7, 2014 the court had clearly held that as and when evidence on material was brought on record that the accused was aided, abetted and collaborated by others, it would decide the issue in that regard.

He said in order to bring such evidence on record, the first step was to require the prosecution to file the FIA report, which clearly contained a dissenting note by one Hussain Asghar that Musharraf alone should not be tried and that his aides and abettors should also be made co-accused.

Prosecutor Akram Sheikh however submitted that the law does not require him to disclose the FIA’s report and therefore he would not disclose the same to the accused unless otherwise directed by the court.

He submitted that the court gave its verdict on March 7 on the trial of others involved in Nov 3 decision according to which if evidences were found against anyone in the records then the court would consider it.

He contended that under Section 5 of the Special Court Act, the federal government was obligated to provide only three documents which included details of the crime, complaint and list of witnesses.

He further said that as the special court was not a high court, it could not apply Section 561 of the military law to this case.

Akram Sheikh contended that the government was not obligated to present the joint investigation report (JIT) and the officer who gave the dissenting note was also a witness.

Akram Sheikh submitted that he would submit his reply overnight in the application and the learned defense counsel could cross-examine him then. Sheikh said that he will continue his arguments today (Wednesday).

Meanwhile, the Special Court ruled that the decision on appointment of prosecutor in the instant case challenged by the defense counsel would be announced on April 18. Dr. Farogh Naseem pointed out that orders on an application pertaining to the disqualification of Akram Shaikh as prosecutor had been reserved for March 26, 2014 and the court observe Shaukat Aziz that before the evidence was to be recorded the application in respect of the prosecutor would be decided.

Justice Faisal Arab however observed that orders on the matter of appointment of prosecutor would be announced on Friday, April 18.

Monday, 14 April 2014

Special Court resumes treason case hearing against Musharraf





ISLAMABAD: The Special Court has resumed the hearing of high treason case against former president General (retd) Pervez Musharraf after the interval of two weeks on Tuesday, Geo News reported.

A three-member special court headed by Justice Faisal Arab and consisting of Justice Tahira Safdar and Justice Yawar Ali Khan is hearing the case against the former dictator in the premises of Federal Shariat Court instead of National Liberary due to security concerns.

During today’s proceedings, Justice Faisal Arab said that Musharraf’s lawyer Anwar Mansoor Advocate had accused Prosecutor Akram Sheikh of being biased, and the verdict in that regard will be announced on April 18.

Earlier on March 31, the court had exempted Musharraf from personal appearance, saying that it could not restrict one’s free movement until the accused was arrested.

Also, the Special Court had indicted Pervez Musharraf on five counts of high treason, a charge that potentially carries death penalty.

The first charge was that Musharraf abrogated the Constitution by slapping emergency on November 3, 2007 and trampled fundamental human rights.

The second charge stated that he introduced illegal amendments to the Constitution between November 20 and December 14, 2007 which was an unconstitutional act.

The third charge was that he issued the PCO illegally, forced the superior court judges to take oath under it and removed those who did not take oath.

The fourth charge was that the accused removed those judges who did not take oath under the PCO and put them under house arrest. The fifth charge related to the imposition of the November 3, 2007 emergency and holding the Constitution in abeyance.

The accused denied all the charges against him and pleaded not guilty.

Sahiwal rape case: CM Punjab suspends negligent police officials





SAHIWAL: Chief Minister Punjab Mian Shahbaz Sharif visited the family of the rape victim in Sahiwal and suspended the police officers for mishandling and delaying the case, Geo News reported on Tuesday.

CM Punjab Shahbaz Sharif reached the victim’s house early today morning and assured of providing justice to the aggrieved family. On this occasion, the District Police Officer (DPO) briefed the CM Punjab about the case.

Shahbaz Sharif questioned the DPO about the delay in resolving the case and ordered to suspend the Deputy Superintendent of Police (DSP) and two Station House Officers (SHO) for being irresponsible and delaying the case for over a month.

Furthermore, CM Punjab ordered the police to arrest the molesters in 48 hours and sentence them for their heinous crime. He also ordered police to complete the challan against the culprits in three days and told that he would request the judges to hear the case on daily basis.

Shahbaz Sharif reprimanded the IG Punjab Police, RPO and other officials and instructed to take prompt action against the criminals and to provide justice to the victim’s family.

He also assured to provide educational assistance to the children of the affected family.

Saturday, 12 April 2014

Musharraf case proves supremacy of law: LHC CJ



 












LAHORE: Lahore High Court Chief Justice Umar Ata Bandial has said the judiciary is committed to dispensing justice to the affected people.
He was addressing a seminar on the topic of ‘Court Reporting and Dispensation of Justice’, organised at the Punjab Judicial Academy by the Press Council of Pakistan (PCP) here on Saturday.

About the Pervez Musharraf issue, the LHC CJ said he did not want to comment on the case as it was a sub judice matter. But, he added, he would like to say one thing that the developments in the Musharraf case had proven the supremacy of the law.

Justice Muhammad Anwarul Haq, Justice Ali Baqar Najfi, Justice Abdus Sami Khan, Raja Muhammad Shafqat Abbasi, Chairman PCP, Muhammad Ramzan, Mujeebur Rehman Shami, President CPNE, and journalist Saeed Aasi were also present on the occasion.

The CJ said justice could not be judged by the number of verdicts but by the authenticity of the verdicts. He said the services of the legal fraternity would be remembered for long. Pakistan was created by a lawyer, Quaid-e-Azam Muhammad Ali Jinnah, its idea was presented by another lawyer, Allama Muhammad Iqbal, and a number of other prominent lawyer leaders of the Pakistan Movement had struggled for the creation of this homeland.

The CJ recalled that the lawyers’ movement of 2007 wasunique in the sense that not a leaf was disturbed or any public property damaged as the movement was totally peaceful, pursuing its cause through talks, the most trusted weapon of the lawyers. The LHC CJ hoped that in the future too the judiciary, lawyers, civil society and the media would jointly ensure the supremacy of the rule of law.

The LHC chief justice said the role of the media was very important for the rule of law in the country and the restoration of constitutional rights of the public. He said the contempt of court law was used as a tool in the past to intimidate the journalist community, but the present judiciary has the courage to face positive and constructive criticism and it has not invoked the draconian law in the near past. He said the language of law was more difficult than ordinary language and it requires vast knowledge and expertise to fully comprehend legal terminology. We, the judges, also go through law books while dictating judgements; therefore, journalists should also take extra care while reporting judicial matters so that their news may not prejudice court proceedings.

He further said judges could not decide cases without assistance from the legal fraternity and the role of the lawyers in the dispensation of justice could not be undermined. At the end, the chief justice lauded court reporting in the Lahore High Court and saluted media persons for their responsible reporting.

Speaking on the occasion, PCP Chairman Raja Muhammad Shafqat Abbasi said the era of press releases was over and now the media was an independent entity, like other state institutions, and it was a need of the hour that it should be self-accountable now. Each institution should endeavour for more services to the masses, he added.

The Pakistan Bar Council vice chairman asked media persons to curtail the fashion of tickers on the electronic media.Agencies add: LHC Chief Justice Umar Ata Bandial said the judiciary was a vibrant institution and its verdicts should not be made controversial.

Justice Bandial said the accused were freed by the courts due to poor investigation by the police, but the courts are accused of freeing culprits. He said the judiciary wanted to reform society.